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Court No. - 33 Case :- WRIT - C No. - 8069 of 2025 Petitioner :- Parsottam Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- M.P.S. Chauhan Counsel for Respondent :- Ashok Kumar Singh,C.S.C. Hon'ble Prakash Padia,J.
1. Heard learned counsel for the petitioner, learned Standing Counsel for respondent Nos.1 & 2 and Sri Ashok Kumar Singh,
learned counsel for respondent No.3/Central Bank of India Branch Iglas District Aligarh, through its Branch Manager.
2. The petitioner has preferred the present petition inter alia with the prayer to quash the impugned attachment/arrest/arrest warrant/auction notice without date issued by the respondent no. 3 in pursuance of recovery amount of Rs. 4,42,176/-.
3. Pursuant to order passed by this Court dated 20.03.2025 a Bank Draft of Rs. 1,00,000/- dated 26.03.2025 in favour of respondent no. 3/Central Bank of India Branch Iglas District Aligarh, placed before this Court, the same is handed over to Sri Ashok Kumar Singh, counsel for the aforesaid bank.
4. It is argued that the petitioner is ready and willing to deposit the remaining amount, in case he is permitted to do so in easy installments.
5. Having regard to the fact that the petitioner has offered to pay the remaining amount due against him, in my view, the ends of justice require that the petitioner be granted opportunity to deposit the entire outstanding amount due against him in the following manner. The Bank has also agreed to accept the amount payable (i) The respondent-Bank shall provide a fresh schedule for re- payment of balance amount, after adjusting the amount already
deposited within three weeks from today. That amount shall thereafter be deposited in four equal installments in a period of one year. Statement of account shall also be furnished to the petitioner. (ii) No recovery charges shall be recovered from the petitioner by the respondent authorities. (iv) Till the period prescribed for depositing the aforesaid amount and thereafter during the period of deposit of installments, the recovery proceedings will be kept in abeyance. In case the petitioner defaults in depositing the initial amount or thereafter installments within the stipulated period, it will be open for the respondents to start recovery proceedings against the petitioner.
6. With the aforesaid observations/directions, the writ petition stands disposed of. No order as to costs.
Order Date :- 9.4.2025 Arti Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad